MATERNITY LEAVE RIGHTS UNDER SOUTH AFRICAN LABOUR LAW.

By Teboho Sekhosana

 MATERNITY LEAVE RIGHTS UNDER SOUTH AFRICAN LABOUR LAW. #how to win a ccma case, how to file for a grievance,


1. Maternity Leave During and Timing(BCEA)

   (a) During: An employee is entitled to at least four consecutive months of maternity leave.

   (b) Start Date : Leave can start up to four weeks before the expected date of birth, or on a date determined by a medical practitioner if required for the health of the employee or child.

   (c) Post-Birth Restriction: An employee may not work for six weeks  after the birth of her child, unless a medical practitioner certifies her fir to return earlier.

   (d) Payment: The BCEA itself does not require the employer to pay the employee during maternity leave. However, the employee is entitled to apply for maternity leave benefits from the Unemployment Insurance Fund(UIF).

 

2. Protection Against Unfair Dismissal(LRA)

    (a) Automatically Unfair Dismissal: The Labour Relations Act(LRA) of 1995 explicitly states that it is an automatically unfair dismissal to terminate an employee's services on account of her pregnancy.

    (b) Right to return : An employer is prohibited from dismissing an employee or refusing to allow her to work after the maternity leave period.


3. Protection During Pregnancy and Nursing.

    (a) Safe Work Environment: An employer must not require or allow a pregnant employee to perform work that may be hazardous to her health or that of her child.

    (b) Reasonable Accommodation: If a pregnant or nursing employee is performing work that poses a health risk (e.g,, night work), the employer must offer her suitable alternative employment and adjust her working conditions on terms that are no less favorable to her.


By

Teboho Sekhosana

Director: SEKHOSANA TT LABOUR CONSULTANCY

084 436 1494  / 063 039 4468

sekhosanattlabourconsultancyla@gmail.com

My name is Teboho Sekhosana I'm an ex Numsa Shopsteward trained in Grievance and Case Handling. Political activists who has had a privilege to spend time in South America(Venezuela)

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